An Act to repeal the Post Office Savings Bank Act 1948 and to
incorporate the Bank Simpanan Nasional to promote and mobilize
savings,
particularly from small savers, to encourage thrift, to
provide means for savings by the general public, to provide for the
transfer
to and for vesting in the Bank of the functions, assets and
liabilities of the Post Office Savings Bank and to make provisions
for other matters connected therewith.

[1 December 1974, P.U. (B) 611­A/1974]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and
Dewan Rakyat
in Parliament assembled, and by the authority of
the same, as follows:

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Bank Simpanan Nasional Act

1974.
Interpretation

2. In this Act, unless the context otherwise requires--
"appointed date" means the date on which this Act comes into
force;

"Bank" means the Bank Simpanan Nasional established under
section 3;

"Board" means the Board of Directors referred to in section 6;
"Chairman" means the Chairman of the Board;

"director" means a member of the Board appointed under section
6 and includes the Chairman and alternate director;
"General Manager"
means the General Manager appointed under
section 9 and includes any person appointed to act as General
Manager;

"giro service" means a current account service which permits
account holders to issue payment instructions to the Bank and
which
permits the Bank to accept payments into the account of an
account holder from any party;

"interest" includes bonus and such other pecuniary benefits (by
whatever name called) payable on deposits and other accounts
with
the Bank;

"premium savings certificate" means a numbered savings certificate
issued by the Bank for a deposit account on which no interest
will
be payable but which may or may not participate in periodical
draws held by the Bank for the award of bonus payments by way
of cash or otherwise; and

"security" means debenture, stock and share in a public company
or corporation, or bond of any government or of any body, corporate
or unincorporate, and includes any right or option in respect thereof
and any interest as defined in section 84 of the Companies
Act
1965 [Act 125].

PART II

ESTABLISHMENT, OBJECTS AND POWERS

Establishment and incorporation

3. There is hereby established a savings bank by the name of
"Bank Simpanan Nasional", or in English, the "National Savings
Bank",
which shall be a body corporate with perpetual succession
and with power to enter into contracts, to acquire, hold, dispose
Bank
Simpanan Nasional 9

of or otherwise deal in movable and immovable property and to
sue and be sued in its own name.

Objects of the Bank

4. The principal objects of the Bank shall be--
(a) to promote and mobilize savings, particularly from small
savers, and to encourage
thrift and the saving habit;
(b) to provide means for savings by the general public;
(c) to utilize the funds of the Bank for investments,
including
financing for the economic development of the nation;
(d) to assume the functions and responsibilities of the Post
Office
Savings Bank; and

(e) to promote the interests of its depositors and other
customers.

Powers of the Bank

5. For the purpose of carrying out the objects set out in
section 4, the Bank may--

(a) receive as deposits from its customers or collect on their
behalf moneys which are repayable either on demand or
otherwise;

(b) grant loans and advances to, or give guarantees for the
benefit of, its depositors and other customers for housing
and such
other purposes as may be approved by the
Minister and enter into agreements for these purposes;
(c) invest in securities of the
Government or of the Government
of any State or of any public authority or other securities
for purposes consistent with its objects;

(d) promote the formation of an incorporated company or
participate in the promotion of such a company or acquire
an undertaking
or part thereof;

(e) acquire land and property for or in connection with the
exercise of its powers, and develop such land and property;
(f) dispose
of or lease or otherwise deal with the whole or
any part of its undertaking or property;

10 Laws of Malaysia ACT 146

(g) provide and operate giro services;

(h) accept from customers for safe custody securities and
other articles of value;

(i) levy a charge for any service rendered by it;
(j) maintain accounts with the Government, the Government
of any State, banks
and other financial institutions;
(k) open branches and appoint agents or correspondents;
(l) operate schemes for the issue and
promotion of premium
savings certificates which are redeemable either on demand
or otherwise and, notwithstanding any other written
law
to the contrary, hold, promote, organize and administer
draws for the awarding of bonus payments to holders of
issued premium
savings certificates; and

(m) carry on the general business of a savings bank and do
all such other things as are incidental or conducive to the
attainment
of its objects.

PART III

CONSTITUTION OF THE BANK

Board of Directors

6. (1) There shall be a Board of Directors constituted under
subsection (2), which shall be responsible for the policy and overall
administration of the affairs and business of the Bank.
(2) Members of the Board of Directors shall be appointed by
name by the
Minister and shall comprise of--

(a) a Chairman;

(b) a representative of the Ministry of Finance, who shall be
the Deputy Chairman;

(c) a representative of Bank Negara Malaysia;

(d) a representative of the Postal Services Department;
(e) not more than four other directors, who shall be persons
of standing
and experience in matters relating to banking,
business or industry; and

(f) the General Manager.

Bank Simpanan Nasional 11

Alternate director

7. (1) The Minister may in respect of each of the directors appointed
under paragraphs 6(2)(b), (c) and (d) appoint by name a person
to be an alternate director to attend meetings of the Board in place
of the director when the director is for any reason unable
to attend.
(2) When attending meetings of the Board in place of a director,
an alternate director shall for all purposes be deemed
to be a
member of the Board.

(3) An alternate director shall cease to be an alternate director
when the director in respect of whom he is an alternate director
ceases to be a member of the Board.

Terms of appointment of Chairman and directors

8. (1) Subject to the provisions of this Act--
(a) the Chairman shall be appointed for a term not exceeding
five years and shall
be eligible for reappointment; and
(b) any other director (other than the General Manager) shall
hold office for a term not exceeding
three years and shall
be eligible for reappointment.

(2) Directors shall be paid by the Bank such salaries, fees or
allowances as may be determined by the Minister.

(3) During the temporary incapacity owing to illness or during
the temporary absence from Malaysia of the Chairman, the Deputy
Chairman may act as temporary Chairman, and if both the Chairman
and the Deputy Chairman are absent, the Minister may appoint one
of the other directors to be temporary Chairman.

(4) The Minister may at any time terminate the appointment of
the Chairman or any director who--

(a) is guilty of serious misconduct in relation to his office;
(b) is absent, except on leave or with the approval of the
Minister,
from more than three consecutive meetings of
the Board;

(c) fails to comply with his obligations under section 12; or
(d) is, in the opinion of the Minister, unfit to remain as
Chairman
or director.

12 Laws of Malaysia ACT 146

(5) No person shall be appointed or remain as Chairman or
director of the Bank if he--

(a) is convicted by a court of law of an offence and sentenced
to imprisonment for a term of not less than one year, or
of any
offences involving fraud or dishonesty and has not
received a free pardon;

(b) becomes of unsound mind or otherwise incapable of
carrying out his duties; or

(c) becomes a bankrupt or makes any arrangement or
composition with his creditors.

(d) (Deleted by Act A397).

Appointment and duties of General Manager

9. (1) The Minister shall, after consulting the Chairman of the
Board, appoint a General Manager on such terms and conditions
as
the Minister may think fit.

(2) The General Manager--

(a) shall be the chief executive officer of the Bank;
(b) shall be responsible to the Board for the proper
administration and management
of the Bank in accordance
with the policy laid down by the Board;

(c) may, subject to the provisions of this Act, give decisions
and exercise all powers, and do all acts which may be
exercised
or done by the Bank; and

(d) shall be answerable to the Board for his acts and decisions.
(3) The General Manager shall devote the whole of his
professional
time to the service of the Bank:

Provided that he may, if so appointed and with the approval of
the Minister, become--

(a) a director, governor or member of the board (by whatever
name called) of any international savings bank or similar
institution
of international character;

(b) a director of any corporation or institution in Malaysia
in which the Bank may have an interest; or

Bank Simpanan Nasional 13

(c) a director or member of the board of management (by
whatever name called) of any public authority or body.
Directions by the
Minister

10. (1) The Minister may from time to time give general directions
not inconsistent with the provisions of this Act to the Board
regarding
the policy to be pursued by the Bank and any such direction shall
become binding on the Board, which shall forthwith
take all steps
necessary or expedient to give effect thereto.

(2) The Bank shall furnish the Minister with such information
with respect to its financial position and activities as the Minister
may from time to time require.

Meetings of the Board

11. (1) The Chairman shall summon Board meetings as often as
required but not less frequently than once a month.
(2) The Chairman,
or in his absence, the Deputy Chairman,
shall preside at every meeting of the Board. In the absence of both
the Chairman and the
Deputy Chairman, members of the Board
shall elect a person from among themselves to act as Chairman.
(3) Any three members may
requisition a meeting of the Board.
(4) Four members of the Board present at a meeting of the
Board shall form a quorum.

(5) All decisions at a meeting of the Board shall be by a simple
majority of the votes of the directors present and voting:
Provided
that if upon any question the votes are equally divided,
the Chairman or the person presiding shall have a casting vote.
Disclosure
of director's interest in contract, etc.

12. (1) A director having, directly or indirectly, by himself or
his partner, any interest in any company or undertaking with which
the Bank proposes to make any contract or having any interest in
such contract or matter under discussion by the Bank, shall disclose
14 Laws of Malaysia ACT 146

the nature of his interest at the first meeting of the Board at which
he is present after the relevant facts have come to his knowledge.
(2) A disclosure under subsection (1) shall be recorded in the
minutes of the Board and, after disclosure, the director shall--
(a) not take part in any deliberation or decision of the Board
with respect to that contract or matter; and

(b) be disregarded for the purpose of constituting a quorum
of the Board for such deliberation or decision.

(3) No act or proceeding of the Board shall be questioned on
the ground that a director has contravened the provisions of this
section.

Common seal

13. (1) The Bank shall have a common seal which shall bear
such device as the Board may approve and such seal may from
time to time
be broken, changed, altered and made anew as the
Board deems fit.

(2) Until a seal is provided under this section, a stamp bearing
the inscription "Bank Simpanan Nasional" or "National Savings
Bank" may be used as the common seal.

(3) All deeds, documents and other instruments requiring the
seal of the Bank shall be sealed with the seal of the Bank in the
presence of the Chairman and the General Manager or some other
person authorized by the Board to act in that behalf, who shall sign
every such deed, document or other instrument to which the seal
is affixed and the signing shall be sufficient evidence that the
seal
was duly and properly affixed and that the same is the lawful seal
of the Bank.

(4) Any document or instrument which if executed by a person
not being a body corporate would not be required to be under seal
may in like manner be executed by the Bank; and any such document
or instrument may be executed on behalf of the Bank by any
officer
or employee of the Bank generally or specially authorized
by the Board in that behalf.

Bank Simpanan Nasional 15

PART IV

OFFICERS AND EMPLOYEES OF THE BANK

Officers and employees

14. (1) The Bank may appoint such officers and employees as
it may consider necessary for the efficient conduct of the business
of the Bank.

(2) Officers and employees of the Bank shall hold office for
such period, receive such salaries and allowances and be subject
to
such terms and conditions of service as may be determined by
the Board and approved by the Minister.

Transfer of members of the public service to the Bank

15. (1) Subject to the provisions of this Act, any person who
immediately before the appointed date was a member of the public
service
and who in the opinion of the Minister is necessary to the
proper operation of the Bank shall as from that date become an
officer
or employee of the Bank, on terms and conditions of service
not less favourable than those which were attached to his service
immediately
before that date.

(2) Any member of the public service who has by virtue of
subsection (1) become an officer or employee of the Bank may not
later
than twelve months from the appointed date elect in writing
whether to continue in the service of the Bank or to revert to the
public service; and if he elects to revert to the public service, shall
thereupon revert to that service on terms and conditions
not less
favourable than those which would have been attached to his
service had he not become an officer or employee of the Bank
by
virtue of subsection (1); and his service with the Bank shall be
deemed to be service within the public service.

(3) Any member of the public service who reverts to the public
service under subsection (2) may, by reason that no vacancy is
immediately
available for him in the public service, be required
by the Government, and the Bank shall permit him, to continue
to serve with
the Bank for a period not exceeding five years.
(4) In determining whether the terms and conditions of service
are or are not less
favourable, as aforesaid, regard shall be had to
salary or wages, conditions relating to termination of service,
retirement benefits,
medical attention, quarters, allowances, leave
16 Laws of Malaysia ACT 146

and overseas passages (if any) for himself and his family and any
other benefits whether provided for himself or his widow or
dependants.

(5) Any question arising as to whether any terms and conditions
of service are less favourable than those attached to the service
mentioned in subsection (1) or (2) shall be referred to the Minister
whose decision thereon shall be final.

Facilities for staff

16. In pursuance of its objects, the Bank may provide for its staff
educational and welfare facilities, including--

(a) scholarship and other financial assistance for persons
employed or likely to be employed by it; and

17. Any director, officer and employee of the Bank shall be deemed
to be a public servant within the meaning of the Penal Code
[Act
574].

PART V

PROVISIONS RELATING TO THE CARRYING ON OF

BUSINESS OF THE BANK

Transfer of powers, rights and privileges, assets and liabilities

18. All powers, rights and privileges, movable properties, assets,
debts, liabilities and obligations vested in or belonging to,
and all
other business transacted by the Post Office Savings Bank shall,
on the appointed date, be transferred to and vest in the
Bank
without further conveyance and its business shall be carried on by
the Bank.

Receipt and repayment of deposits and interest payable

19. Moneys from depositors and other customers with the Bank
shall be received and repaid on such terms and conditions as the
Board
may decide; provided that the interest payable shall be at
such rate as approved by the Minister.

Bank Simpanan Nasional 17

Guarantee of the Government

20. The repayment of all moneys deposited in the Bank together
with interest thereon is guaranteed by the Government and
accordingly,
in the event that the assets of the Bank shall be
insufficient to pay the lawful claims of every depositor, such
deficiency shall
be charged on and paid out of the Consolidated
Fund and the Minister shall certify such deficiency to the Dewan
Rakyat at the earliest
possible opportunity.

Interest on loans and advances

21. The Bank may charge interest on loans and advances made
to depositors and other customers at such rate as the Board may
determine
from time to time with the approval of the Minister.
Power to borrow

22. For the purpose of carrying out its functions under this Act,
the Bank may, with the approval of the Minister, borrow from the
Government, the Government of any State or from any bank or
financial institution such sums as may be required by the Bank on
such terms and subject to such conditions as may be agreed between
the lender and the Bank and approved by the Minister.
Borrowing
by staff

23. (1) Subject to subsection (2), the Bank shall not lend or
advance money to an officer or employee except--

(a) for the purchase, erection, alteration, and renovation of
a house in which he resides or intends to reside under
rules approved
by the Board;

(b) to discharge a mortgage or encumbrance on such a house;
or

(c) for the purchase of a vehicle.

(2) When the Bank is satisfied that special or compassionate
circumstances exist, it may approve a loan or advance to an officer
or employee on such terms and conditions as the Board deems
appropriate.

Restriction on loans and advances

24. The Bank shall not grant a loan or advance to any director
or person for whom a director is a guarantor.

18 Laws of Malaysia ACT 146

Investment of funds

25. (1) Subject to the provisions of this Act, the funds of the
Bank shall, as far as practicable and except for such sums as may
be assigned to be kept in hand for the general purposes of the
Bank, be invested in--

(a) securities of the Government;

(b) other investments authorized by or under the Trustee Act
1949 [Act 208];

(c) loans for housing for depositors and other customers in
accordance with the general directions of the Minister;
(d) other loans
and advances to depositors and other customers
for such purposes as may be approved by the Minister;
and

(e) other securities and investments as the Board may from
time to time decide:

Provided that, subject to any variation which the Minister may
make under subsection (2), securities held under paragraph (a)
shall
not be less than 70 per cent, and securities and investments
held under paragraph (e) shall not exceed 10 per cent, of the funds
available in any one year for investment and not needed for immediate
use by the Bank.

(2) The Minister may, after consultation with the Board, vary
the percentage specified in the proviso to subsection (1).
(3) No
investment shall be made by the Bank outside Malaysia.
PART VI

FINANCIAL PROVISIONS

Financial year

26. The financial year of the Bank shall begin on the first day of
January and end on the thirty first day of December of each year:
Provided that if this Act comes into force on a date other than
the first day of January, then the first financial year shall be
as
the Minister may decide on the recommendation of the Board.
Bank Simpanan Nasional 19

Annual estimates

27. The Board shall in the course of each year prepare and adopt
annual estimates of income and expenditure of the Bank for the
ensuing financial year.

Accounts and audit

28. (1) The Bank shall cause to be kept such accounting and
other records as will sufficiently explain the transactions and financial
position of the Bank and enable a profit and loss account and a
balance sheet to be prepared in each financial year and shall cause
these records to be kept in such manner as to enable them to be
conveniently and properly audited.

(2) The accounts of the Bank shall be audited by the Auditor
General.

General Reserve Fund

29. (1) There shall be a General Reserve Fund of the Bank.
(2) At the end of each financial year, the net profit of the Bank
for
that year shall be determined after allowing for the expenses
of operation and after making provision for bad and doubtful
debts,
depreciation in assets, contribution to staff provident or
pension funds and such other contingencies as are usually provided
for
by banks.

(3) The net profit determined under subsection (2) shall be
dealt with as follows:

(a) such part as the Board may direct shall be placed to the
credit of the General Reserve Fund; and

(b) any excess shall be carried in the profit and loss account
for the ensuing financial year.

(4) The Board may appropriate such portion of the General
Reserve Fund as may be necessary for the purpose of--
(a) meeting losses
arising from any revaluation or disposal
of assets;

(b) maintaining reasonable rates of interest payments on
deposits in the Bank;

(c) carrying out the general business of the Bank; and
20 Laws of Malaysia ACT 146

(d) such other purposes as may be approved by the Minister
in keeping with the objects of this Act.

Profit and loss account, balance sheet and annual report

30. (1) The Bank shall after the end of each financial year, as
soon as the accounts of the Bank have been audited but, except
with
the specific approval of the Minister, not later than the 30th
day of April of each year--

(a) cause a copy of its profit and loss account and balance
sheet certified by the Auditor General, together with a
copy of any
observation made by the Auditor General,
to be transmitted to the Minister and such financial
statements and observations shall
then be published in
the Gazette;

(b) transmit to the Minister its annual report dealing with the
activities of the Bank during the preceding financial year
and
containing information relating to the operations and
accounts of the Bank, including a statement as to whether
any contingent
liabilities have been undertaken by the
Bank pursuant to paragraph 5(b) in the period covered
by the financial statements; and

(c) publish its annual report together with the financial
statements and the Auditor General's observations referred
to in paragraph
(a).

(2) The Minister shall cause copies of the documents referred
to in paragraph (1)(c) to be laid before each House of Parliament.
PART VII

GENERAL

Power to make rules and regulations

31. (1) The Board may make such rules and regulations as may
be necessary for the purpose of carrying out or giving effect to any
of the provisions of this Act.

(2) In particular, and without prejudice to the generality of the
power conferred by subsection (1), such rules and regulations
may
relate to--

(a) the operation of schemes for saving with the Bank;
Bank Simpanan Nasional 21

(b) the provision of loans and advances for housing and
other specific purposes;

(c) the investment of the funds of the Bank;

(d) the operation of giro services; and

(e) the issue and promotion of premium savings certificates
and the holding, promoting, organizing and administering
of draws related
thereto:

Provided that such rules and regulations relating to policy shall
require the approval of the Minister.

Secrecy

32. (1) The names of depositors and amounts of deposit and
withdrawals shall not be disclosed by any officer or employee of
the
Bank, except to the Auditor General or with the written consent
of the Minister:

Provided that nothing in this section shall be deemed to limit
the power conferred upon the High Court or a Judge thereof by
the
Bankers' Books (Evidence) Act 1949 [Act 33] to prohibit
obedience to an order made under that Act.

(2) Any person contravening this section shall be guilty of an
offence and shall on conviction be liable to a fine not exceeding
one thousand ringgit.

Power to appoint attorney

33. The Bank may by instrument under its seal appoint a person
whether in Malaysia or any place outside Malaysia, to be its attorney
and such person so appointed may, subject to the instrument, do
any act or execute any power or function which he is authorized
by the instrument to do or execute.

The Bank deemed a Malay or native

34. For the purpose of any written law relating to land reserved
for alienation to Malays or to natives of the State in which it
lies,
the Bank shall be deemed to be a Malay or a native, as the case
may be.

22 Laws of Malaysia ACT 146

Attachment of deposits

35. (1) Except as provided under subsection (2), no deposit in
the Bank, and no interest on any such deposit, shall be attached,
sequestered or levied upon for or in respect of any debt or claim
whatsoever.

(2) Upon notice of a claim under a judgment of any court, it
shall be lawful for the General Manager in his discretion to retain
in the account a sum sufficient to answer the claim and to pay into
the court on its order the amount of that claim or part thereof;
but
a court shall only make an order under this section if it is satisfied
that the judgment-debtor has an account with the Bank
for his own
sole benefit.

Power to administer oath

36. (1) For the purpose of obtaining proof of the death of a
depositor or of ascertaining the proper person to receive moneys
standing
in the name of a minor, person of unsound mind, or
deceased person, the General Manager, or such other officer as the
General Manager
shall appoint for the purpose, may take evidence
on oath or affirmation according to law.

(2) Any person who upon such oath or affirmation makes any
statement that is false, and which he either knows or believes to
be
false, or does not know to be true, shall be deemed guilty of
an offence under section 193 of the Penal Code.

Public Authorities Protection Act

37. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceeding against the
Bank or against any member, officer, employee, agent or
correspondent of the Bank, in respect of any act, neglect or default
done
or committed by him in such capacity.

Things done in anticipation of this Act

38. All things done by any person or authority on behalf of the
Bank in the preparation of and towards the proper implementation
of any of the provisions of this Act and any expenditure incurred
in relation thereto, in anticipation of the promulgation of this
Act,
shall be deemed to have been authorized by this Act; and all rights
and obligation acquired or imposed on behalf of the Bank
from
Bank Simpanan Nasional 23

anything so done or any expenditure so incurred shall upon the
coming into force of this Act be deemed to be the rights and
obligations
of the Bank.

Compulsory acquisition of land

39. (1) When any immovable property, not being State land, is
needed to be acquired by the Bank for the purposes of this Act,
such
property may be acquired in accordance with the provisions
of any written law relating to the acquisition of land for a public
purpose for the time being in force in the State in which such
property is situate, and any declaration required by any such written
law that such land is so needed may be made notwithstanding that
compensation is to be paid by the Bank; and such declaration shall
have effect as if it were a declaration that such land is needed for
a public purpose in accordance with such written law.
(2)
The expenses and compensation in respect of any immovable
property acquired under this section shall be paid by the Bank.
(3) When
any immovable property has been acquired under
this section, the Bank shall extract the necessary documents of title
in respect
of such property and shall pay any rent to which such
property may be subject.

PART VIII

REPEAL AND TRANSITIONAL

Repeal and saving

40. (1) Subject to subsections (2) and (3), the Post Office Savings
Bank Act 1948 (hereinafter referred to as the 1948 Act) is hereby
repealed and the Post Office Savings Bank established by or under
the 1948 Act is hereby dissolved.

(2) All subsidiary legislations in force immediately before the
appointed date made under the 1948 Act shall, with necessary
modifications,
continue in force and have effect as if they have
been made under this Act, and may be amended or repealed by
regulations made
under this Act.

(3) All deposits made and all entries in depositors' passbooks,
and all funds invested in securities remaining unsold on the appointed
date and all other business transacted under the 1948 Act shall,
24 Laws of Malaysia ACT 146

so far as may be consistent with this Act, be deemed to be deposits
and entries made, funds invested and business transacted under
this Act.

Transfer of land and property

41. (1) All land which immediately before the appointed date
were vested in, or reserved under any written law relating to land
for the purposes of the Post Office Savings Bank, and all land
acquired with moneys of the Post Office Savings Bank, shall on
that
day vest in or be deemed to be reserved for the purposes of
the Bank, as the case may be.

(2) All property and assets other than land that immediately
before the appointed date were vested in or in any person on behalf
of the Post Office Savings Bank shall on that date vest in the Bank.
Transfer of funds

42. All funds of or due to the Post Office Savings Bank shall, on
the appointed date, be transferred or become due to the Bank.
Existing contract

43. All deeds, bonds, agreements, instruments and working
arrangements subsisting immediately before the appointed date
affecting
any of the properties transferred under section 41 shall
be in full force and effect against or in favour of the Bank and
enforceable
as fully and effectually as if, instead of the Post Office
Savings Bank or any person acting on behalf of the Post Office
Savings
Bank, the Bank has been named therein or been a party
thereto.

Continuance of criminal and civil proceedings

44. Neither the repeal under section 40 nor anything contained in
this Act shall affect any person's liability to be prosecuted or
punished for offences committed in respect of any act or omission
under the 1948 Act.